Madras High CourtCRL OP/13838/2023disposed of

S. Jawahar v. Victoria

2023-06-22Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.13838 of 2023 S.Jawahar ... Petitioner Vs.

Victoria ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue a direction to the learned Judicial Magistrate, Ootacamund, The Nilgiris to dispose of the complaint in S.T.C.No.365 of 2021 pending trial expinosly within a specific time as may be stipulated by this Court. For Petitioner : Mr.J.Bharathi Raja For Respondent : No appearance

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Ootacamund, The Nilgiris to dispose of the complaint in S.T.C.No.365 of 2021 within a specific time as may be stipulated by this Court.

2.The learned counsel for the petitioner submitted that petitioner is the complainant in case filed under Section 138 and 142 of the Negotiable 1/4

Instrument Act, 1988 r/w Sections 190 and 200 of Cr.P.C. in S.T.C.No.365 of 2021 pending on the file of learned Judicial Magistrate, Ootacamund. The evidence was completed in this case and the case was pending for arguments from 13.03.2023. However, the respondent has not co-operated for arguments and conclusion of the trial. The respondent filed petition under Section 91 Cr.P.C. only with a view to drag the proceedings, necessitating filing of this petition.

3.Considered the submissions and perused the records. 4.It is seen that the trial in this case was over and the case was pending for arguments from 13.03.2023. It appears that respondent filed petition under Section 91 Cr.P.C. and it is pending from 15.05.2023. Therefore, this Court directs the learned Judicial Magistrate, Ootacamund, to dispose the petition under Section 91 Cr.P.C. immediately and then dispose the main case in S.T.C.No.365 of 2021 as expeditiously as possible, preferably within a period of two months from the date of receipt of copy of this order. 5.Accordingly, this Criminal Original Petition is disposed. 22.06.2023 2/4

Internet:Yes Index:Yes/No ep G.CHANDRASEKHARAN, J.

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